BY ORDER OF THE SECRETARY OF THE AIR FORCE AIR FORCE INSTRUCTION 36-802 1 SEPTEMBER 1998 AIR FORCE RESERVE COMMAND Supplement 1 15 February 2000 Certified Current on 23 January 2017 Personnel PAY SETTING NOTICE: This publication is available digitally on the SAF/AAD WWW site at: http://afpubs.hq.af.mil. If you lack access, contact your Publishing Distribution Office (PDO). OPR: HQ USAF/DPCE (Ms Grace K. Hurlock) Certified by: HQ USAF/DPC (Ms Sandra G. Grese) Supersedes AFI 36-802, 1 September 1997 and AFI 36-802/AFRES Sup 1, 10 April Pages: 40 Distribution: F 1998 This instruction implements AFPD 36-8, Employee Benefits and Entitlements, by prescribing the Air Force policy for setting pay rates for appropriated fund civilian employees paid under the General Schedule (GS) or under the Federal Wage System (FWS). This instruction also applies to Air National Guard Title 5, United States Code, employees. The instruction also prescribes rules for handling overtime; and procedures for approving recruitment and relocation bonuses, retention allowances, and supervisory differentials. It applies to all commanders, civilian personnel officers, staff officers, and supervisors of US civilian employees who are covered by the GS and FWS. See Attachment 1 for explanation of terms used in this instruction. (AFRC) The OPR for this supplement is HQ AFRC/DPCE (Carolyn R. Burnam). This supplement implements and extends the guidance of Air Force Instruction (AFI) 36-802, 1 September 1998. It also implements AFI 36-108, Air Reserve Technician (ART) Program. It provides guidance on the ART Officer Career Management Program and rules to follow for handling overtime. Although the same concepts, rules, regulations, and policies apply to ART employees as to regular civil service positions, this supplement addresses additional requirements that result from the nature of the ART. The AFI is published word-for-word without editorial review. Air Force Reserve Command supplementary material is indicated by (AFRC) in boldface type. This supplement describes Air Force Reserve Command procedures to be used in conjunction with the basic instruction. Upon receipt of this integrated supplement discard the Air Force basic. SUMMARY OF REVISIONS This interim change (IC) 98-1 provides for certain responsibilities on the part of commanders in managing civilian overtime and compensatory time. It also prescribes AF Form 428, Request for Overtime, Holiday Premium Pay and Compensatory time.
2 AFI36-802/AFRCSup1 15 February 2000 (AFRC) This revision identifies documentation requirements for all bonuses and allowances and the approval level of bonuses and allowances for Category II employees. It also identifies procedures for returning an employee on temporary promotion to their permanent position prior to being placed on leave-without-pay (LWOP) or separation. Chapter 1 SETTING PAY RATES 4 1.1. Authority and Guidelines for Pay Setting.... 4 1.2. Setting Pay Rates.... 4 1.3. Grade and Pay Retention:... 12 1.4. Apprentice and Shop Trainee.... 16 1.5. Changing Pay Rates.... 16 Chapter 2 DUAL PAY AND DUAL EMPLOYMENT 17 2.1. Dual Pay and Dual Employment Responsibilities.... 17 2.2. Dual Compensation Restriction Waivers.... 17 Chapter 3 OVERTIME WORK 19 3.1. Responsibilities:... 19 3.2. Recording TDY Travel Requirement.... 19 3.3. Administratively Uncontrollable Overtime.... 20 3.4. (AFRC-Added) Overtime for Nonexempt Employees Under FLSA..... 20 Chapter 4 RECRUITMENT AND RELOCATION BONUSES; RETENTION ALLOWANCES; SUPERVISORY DIFFERENTIALS 21 4.1. Introduction.... 21 4.2. Recruitment, Relocation, and Retention Payment Offer and Approval.... 21 4.3. Request Procedures.... 22 4.4. Case-by-Case Determinations.... 23 4.5. Paying, Reducing, and Discontinuing Recruiting and Relocation Bonuses... 23 4.6. Recording Recruitment and Relocation Bonuses and Retention Allowances.... 24 4.7. Supervisory Differentials.... 25 4.8. Documenting and Recording Supervisory Differentials.... 25 Chapter 5 SUPERIOR QUALIFICATION APPOINTMENTS 26 5.1. Introduction.... 26 5.2. Superior Qualification Appointments.... 26 5.3. Documenting and Recording Superior Qualification Appointments.... 26
AFI36-802/AFRCSup1 15 February 2000 3 5.4. Form Prescribed.... 26 Attachment 1 GLOSSARY OF TERMS 27 Attachment 2 SETTING RATES OF PAY 30 Attachment 3 AIR FORCE PAY FLEXIBILITIES 36 Attachment 4 CHAIN OF AIR FORCE APPROVAL AUTHORITIES 39 Attachment 5 IC 98-1 TO AFI 36-802, PAY SETTING 40
4 AFI36-802/AFRCSup1 15 February 2000 Chapter 1 SETTING PAY RATES 1.1. Authority and Guidelines for Pay Setting. Authority to set pay rates rests with the appointing authority. The Director, Civilian Personnel Operations, Air Force Personnel Center (AFPC) or civilian personnel officer, acts for the appointing authority. Pay is set in accordance with the following guidelines. Spend employment funds economically. Don't pay more than needed to attract qualified individuals. Pay employees fairly and equitably. Consider: Local conditions that affect recruiting and retaining qualified employees. How one employee's pay might affect other employees. The qualifications, skills, and service history of the employee compared to the requirements of the job. 1.2. Setting Pay Rates. (NOTE: Use the following policies in conjunction with 5 CFR, Part 531, Subpart B and 5 CFR, Part 532, Subpart D.) 1.2.1. Selecting Rates. The Director, Civilian Personnel Operations, AFPC, or civilian personnel officers (until servicing is assumed by the AFPC) or members of their staff are authorized to select the proper rates of pay for employees in accordance with the personnel action taken. The selecting official does not have the authority to promise an employee any specific pay rate. 1.2.2. Exceptions. The pay setting policies in 1.2. should be sufficient to cover most situations. Exceptions may be approved by the appointing authority or designee. Exceptions must be in writing and approved prior to the effective date of the personnel action which establishes the rate of pay. (NOTE: Exceptions include issues such as the use of highest previous rate (HPR) or GS maximum payable rate. MAJCOMs are authorized to approve command-wide exceptions to the pay setting policy for conversion or transfer to lower grade in 1.2.5.3. and voluntary changes to lower grade in 1.2.8.1.) 1.2.3. New Appointments. Pay for a new appointment may be set in one of the following ways: 1.2.3.1. Minimum Step (Step 1). Pay is usually set at step 1 for a new appointment. Step 1 is the minimum rate for General Schedule (GS), Federal Wage System (FWS), special rate, or other types of pay systems (e.g., AFI 36-1101). 1.2.3.2. Higher than Step 1. In rare cases, an employee s pay may be set beyond step 1 for a new appointment. The approval must be documented on the SF-50, Notification of Personnel Action. Chapter 5 authorizes the setting of pay beyond step 1 for a GS position based on superior qualifications. Pay may be set beyond step 1 for FWS positions based on special qualifications (5 CFR 532.403(b)). Pay is set beyond step 1 for FWS positions when the lead agency for a wage area has designated a step above step 1 as the minimum step-rate for hard-to-fill positions.
AFI36-802/AFRCSup1 15 February 2000 5 1.2.3.3. Other Options. Chapter 4 provides information on recruitment bonuses which must be considered before setting pay beyond step 1 for non-fws candidates (5 CFR 531.203(b)(3)). 1.2.4. Reemployment. Employees are reemployed after one of two types of separation, voluntary or involuntary. The type of separation impacts pay setting. The following pay setting provisions apply to reemployment following a break in service. 1.2.4.1. Voluntary Separations. A voluntary separation occurs when an employee chooses to leave federal civilian service on his or her own, and not at the initiation of the agency. Typical voluntary separations include resignation and retirement (includes DoD family members who resign after expiration of leave without pay). Unless applying superior qualification provisions, the following pay setting rules apply to reemployment following voluntary separations: Permanent appointments. Pay for former federal civilian employees reemployed on a continuing appointment after a voluntary separation will be set at step 1 when the break in service is more than two years. If two years or less, GS maximum payable rate or highest previous rate (HPR) will be used to set pay, whichever is the most beneficial to the employee, provided that the GS maximum payable rate or HPR was earned in the last two years. Term appointments. Pay upon reemployment to a term appointment will be set at step 1 if there was a break in service of more than two years. If the break is two years or less, GS maximum payable rate or highest previous rate (HPR) will be used to set pay, whichever is the most beneficial to the employee, provided that the GS maximum payable rate or HPR was earned in the last two years. Temporary appointments. Pay upon reemployment to a temporary appointment will be set at step 1 if there was a break in service of more than two years. If the break is two years or less, GS maximum payable rate or highest previous rate (HPR) will be used to set pay, whichever is the most beneficial to the employee, provided that the GS maximum payable rate or HPR was earned in the last two years. 1.2.4.2. Involuntary Separations. An involuntary separation is one that occurred through no fault of the employee and not at the employee s request. Priority Placement Program (PPP), except for P rogram S (military spouse), and Interagency Career Transition Program (ICTAP): Air Force minimum requirement for placement through the PPP and ICTAP. Pay for an employee who, after a break in service of more than three calendar days, is reemployed through the PPP is set at a step rate at least equal to the current rate for the grade and step the employee held at the time of separation, unless the rate is greater than the maximum rate of the grade. If t he pay is greater than the top step, pay is set at the top step of the grade. Compare this rate to that earned by applying the GS maximum payable rate or HPR rules, setting the employee s pay at the rate providing the greatest benefit. (NOTE: In the same manner, the current rate is preserved for FWS employees appointed to lower or higher paying wage areas under the PPP.) Reemployment Priority List (RPL): Air Force minimum requirement for placement from the RPL. Pay for an employee who, after a break in service of more than three calendar days, is reemployed from the RPL is set at a step rate at least equal to the current rate for the grade and step the employee held
6 AFI36-802/AFRCSup1 15 February 2000 at the time of separation, unless the rate is greater than the maximum rate of the grade. If the pay is greater than the top step, pay is set at the top step of the grade. Compare this rate to that earned by applying the GS maximum payable rate or HPR rules, setting the employee s pay at the rate providing the greatest benefit. Grade and pay retention are not authorized upon reemployment from the RPL. Mandatory Restoration. The pay of an employee who is reemployed as a result of mandatory restoration rights is set at a rate at least equal to the rate the employee would be receiving if he or she never left federal civil service. Workers Compensation. Every effort should be made to restore an employee, or former employee, who has partially recovered from a compensable injury and can return to limited duty. When possible, the employee should be offered a position at the current or last grade held before separated from the agency rolls. If this is not possible, following Office of Workers Compensation Program (OWCP) procedures, the employee is reemployed at the last grade held and immediately changed to lower grade for the position identified to return him or her to the workforce. On the lower grade offer, the employee is given pay retention. Set the pay at the rate the employee would have received had they been continuously employed, including any within-grade increases (WGIs). Upon reemployment of a prior Schedule C employee whose appointment was terminated or who voluntarily resigned in anticipation of termination because of a change in agency leadership, pay is set so it does not exceed the employee's highest previous rate or the top step of the grade, whichever is lower. 1.2.5. Conversions or Transfers: 1.2.5.1. Conversion or Transfer at the Same Grade. Air Force minimum requirement for continuous service. The pay of an employee who is converted or transferred at the same grade during continuous employment is set at the step which is at least equal to the current step. This applies to conversions to both permanent and temporary appointments and transfers. In a conversion or transfer action of a FWS employee, pay will be set based on the wage rate of the gaining installation. In a conversion or transfer of a GS employee, unless entitled to a special salary rate, total compensation includes base pay plus applicable locality pay of the gaining installation. The pay of a GM employee moved to a GS position will be set on the pay scale at a rate at least equal to the existing rate of pay. If the existing rate of pay falls between two steps, pay is set at the higher step. In conversion or transfer of a GS or FWS employee, if the employee meets the eligibility requirements for a WGI, set pay to include a WGI if the waiting period was met. 1.2.5.2. Conversion or Transfer to a Higher Grade. Pay for conversions or transfers to positions at a higher grade is set by one of the following, whichever is the most beneficial to the employee: Governmentwide GS mandatory promotion rule, FWS promotion rule, Air Force repromotion requirement, HPR rule, or GS maximum payable rate rule. Pay is set at the step at least equal to the current grade and step.
AFI36-802/AFRCSup1 15 February 2000 7 1.2.5.3. Conversion or Transfer to a Lower Grade. Unless entitled to grade or pay retention, pay for conversions or transfers to positions at a lower grade will be set at a step of the lower grade which upon repromotion will not place the employee in a rate exceeding that previously held in the higher grade. 1.2.6. Reassignments: 1.2.6.1. No Change in Pay. Under normal circumstances, pay setting for a reassignment action results in no change in pay. Exceptions to the normal circumstance follow. Changes between regular and special pay schedules. Pay will increase when an employee is reassigned from a regular to a special pay schedule. An employee s pay is set at the same step in the special pay schedule as received in the regular pay schedule. Pay is usually decreased when an employee is reassigned from a special to a regular pay schedule. This occurs because the employee s pay is normally set at the same step in the regular pay schedule as received in the special pay schedule. There are some rare cases of exception. The most common is the case of an employee who is involuntarily reassigned (i.e., reduction-in-force (RIF), transfer of function, etc.) from a special pay schedule to a regular pay schedule and is therefore entitled to pay retention providing the employee s existing rate of pay cannot be accommodated within the rate range. When the existing rate of pay falls between two steps, the employee is given the higher step. Changes between wage areas. When a FWS employee is voluntarily reassigned between wage areas, pay is set using the wage schedule for the area where the employee is moving. When the reassignment is to a position in a lower wage area, the employee is entitled to a rate at least equal to his or her existing rate wherever possible. If that rate falls in between two steps in the new wage schedule, the employee is given the higher step. If his or her existing rate exceeds the top step, the employee is given the top step of the grade to which assigned. Pay retention will not be given to a FWS employee who voluntarily requests and accepts a position in a lower wage schedule area. Changes between locality areas. When a GS employee is reassigned (voluntarily or involuntarily) between locality areas, pay is set on the appropriate rate from the basic GS pay schedule. Total compensation includes base pay plus the locality pay for the new duty location, unless the individual is entitled to a special salary rate that is more beneficial. 1.2.6.2. Change in Pay. When an employee moves from GM to GS, pay is set at the rate for the same grade on the GS pay schedule that is equal to or exceeds the employee s current rate of pay; i.e., if the rate falls between two steps, pay is set at the higher step. 1.2.7. Promotions. Pay for promotions is set by one of the following, whichever is the most beneficial to the employee: Governmentwide GS mandatory promotion rule, FWS promotion rule, Air Force repromotion requirement, HPR rule, or GS maximum payable rate rule. If pay falls between two steps, the higher step will be used. 1.2.7.1. Governmentwide Mandatory Promotion Rule. GS. Generally, the pay of a GS employee promoted to a GS position is set in the step that exceeds the existing rate of pay by at least two step increases unless that rate exceeds the
8 AFI36-802/AFRCSup1 15 February 2000 top step of the grade. If the rate exceeds the top step of the new grade, pay is set at the top step. FWS. The pay of a FWS employee promoted to a FWS position is set in the step that exceeds the existing pay by four percent of the representative rate of the grade from which the employee is promoted. If the rate exceeds the top step, pay is set at the top step. 1.2.7.2. FWS Promotions. For FWS employees who receive a promotion and move to a different wage area, compute the employee s pay as if there were two pay actions, a promotion and a reassignment, processing them in the order which gives the employee the maximum benefit (5 CFR 532.407(c)). 1.2.7.3. Promotions Between Pay Systems: When an employee moves from the FWS pay system to the GS pay system or vice versa, pay is set using the appropriate pay setting directives for the pay system the employee is moving to. Determine current annual salary of a FWS employee by multiplying the hourly rate by 2087 (work hours in a year). FWS to GS: One Cent Rule. The GS mandatory promotion rule ( two steps ) does not apply to FWS employees promoted to GS positions. To constitute a promotion, the FWS employee s existing rate of pay must have increased by at least one cent upon being placed in a GS position. To set pay, accomplish the following: Compare the FWS annual rate of pay with the rate range for the GS position the employee is being placed in; the GS step that exceeds the FWS rate by at least one cent is the rate at which pay is set. GS/GM to FWS. Identify the action by using representative rates. Pay is set in the lowest FWS step that exceeds the employee s existing rate of pay by four percent of the GS representative rate of the grade from which promoted. GM to GS. Pay is set using the GS mandatory promotion rule IAW 5 U.S.C. 5334(b). 1.2.7.4. Regular and Special Pay Schedules: From regular to special pay schedule. On the regular pay schedule, determine the step of the new grade using the GS two-step rule. The employee s pay is set at that step on the special pay schedule. From special to regular pay schedule. On the special pay schedule, determine the step of the new grade using the GS two-step rule. On the regular pay schedule find that rate for the grade the employee is being promoted to. If the rate falls between two steps, pay is set at the higher step. This rate on the regular pay schedule becomes the employee s pay. If the rate is less than step 1 of the new grade, pay is set at step 1. If the top step of the grade is exceeded, pay is then set at the top step. 1.2.7.5. Air Force Repromotion Requirement: Following involuntary change to lower grade (CLG) (employee not at fault). The pay of an employee promoted from a grade to which they were changed involuntarily through no fault of their own must be set at a rate at least equal to the current rate of the grade and step from which demoted. If the employee is on retained pay and that rate is higher than the maximum step of the new grade, the employee is kept on pay retention. Following voluntary CLG and involuntary CLG (employee at fault). T he GS two-step rule, or FWS four percent rule, will be used to set the pay of employees who were volun-
AFI36-802/AFRCSup1 15 February 2000 9 tarily changed to lower grade or involuntarily changed to lower grade when the employee was at fault. 1.2.8. Change to Lower Grade: 1.2.8.1. Voluntary Changes to Lower Grade (CLG). A voluntary CLG is usually requested by the employee for his or her convenience or benefit. Pay will be set in the following ways: Policy for voluntary CLGs. Unless entitled to grade or pay retention, pay will be set at the step of the lower grade which, upon repromotion, will not place the employee in a rate exceeding that previously held in the higher grade. Pay retention. In the following situations, pay retention will be granted if the employee s existing rate of pay cannot be accommodated within the rate range of the lower grade. When the existing rate of pay falls between two steps of the lower grade, the employee is given the higher step. If the selected employee is otherwise eligible and the salary cannot be accommodated within the range, pay retention is authorized. Formal training program. Employees who accept lower grades to enter a formal training program or Developmental Opportunity Program (DOP). The position must have an approved training plan and must be advertised as a training or DOP position. Health issues. Employees who accept a lower-grade position for nondisciplinary reasons related to ill health or physical/mental inability to perform the duties of his or her current position (under criteria similar to those used in meeting the responsibilities for selective placement instead of disability retirement). Hard-to-fill positions. Employees who accept lower-grade positions designated as hard-to-fill under criteria similar to those used for extending special rates under 5 CFR 530.303(a) and (b). RIF actions. Employees who voluntarily accept lower-grade positions to lessen the impact of RIF action will be given grade and pay retention (see paragraph 1.3.1.2.). After temporary promotion. When an employee is returned to his or her permanent grade after a temporary promotion, pay is set as if the temporary promotion had not occurred. If the employee became eligible for a WGI or comparability increase during the temporary promotion, pay is set to include that increase. 1.2.8.2. Involuntary CLGs: Employee at fault. If the CLG is caused by the employee s failure to perform acceptably or for disciplinary reasons, pay is set at a rate from step 1 up to the step of the lower grade which, if repromoted, will not place the employee in a rate exceeding that previously held in the higher grade. Employee not at fault: Employees are usually not at fault in most involuntary CLGs. They are typically caused by RIF and reclassification. Pay for these employees is set using grade and pay retention regulations. Pay for employees who are changed to lower grade because of failure to successfully complete a supervisory or managerial probationary period is set under the governmentwide minimum requirement. Under this requirement, the employee is entitled to be placed in a job with no lower grade and pay than the job left to accept the supervisory or managerial
10 AFI36-802/AFRCSup1 15 February 2000 position. The employee is also entitled to any WGIs he or she would have received at that grade if the assignment to the supervisory or managerial job never occurred. Acceptance of a lower grade by a federal employee in order to accompany a military member or D od federal civilian employee sponsor on a permanent change of s tation (PCS) is not considered to be a change to lower grade at the employee s request. If the existing rate of pay for such federal employee falls between two steps of the lower grade, pay will be set at the higher step. Pay will be set at an even higher step in the lower grade, in accordance with the highest previous rate rule, if the employee has earned entitlement to a higher rate by service in another position. 1.2.9. Dual Appointments for FWS Employees. When an FWS employee serves under a dual appointment (which includes either a temporary and a permanent appointment or two permanent seasonal appointments), set pay as follows. When the temporary appointment is at a lower grade, set the waiting period for a WGI from the date of t he last equivalent increase in the regular permanent position. S et the waiting period for the temporary position from the date of the temporary CLG. When the temporary appointment is at a higher grade, credit the time the employee spends in the temporary appointment toward the waiting period for a WGI in the permanent position. When an employee serves under two permanent appointments, credit the time the employee spends in the lower graded position toward the waiting period for a WGI in the higher graded position. 1.2.10. Career Program Positions. Personnel actions taken within the career programs are considered "management initiated" rather than "at the employee's request." Employees selected from career program certificates or assigned as a result of a policy council chair approval of a noncompetitive placement at a lower grade will continue to be paid at their existing rate of pay, if it can be accommodated within the rate range of the lower grade. When the existing rate of pay falls between two steps of the lower grade, the employee is given the higher step. If the selected employee is otherwise eligible and the salary cannot be accommodated within the range, then he or she is entitled to pay retention. 1.2.10.1. Career Program External Applicant System (CPEAS). Employees selected from a CPEAS certificate will be granted pay retention if the position meets the hard-to-fill criteria. Hard-to-fill positions are experienced when application of a career program promotion evaluation pattern (PEP) generates five or fewer highly qualified candidates for promotion. 1.2.11. Overseas Return Rights. When an employee exercises overseas return rights, pay is set upon return to the former grade in the United States at a rate at least equal to the step rate to which the employee would have progressed had the employee not gone overseas. Employees who exercise return rights to a lower grade are authorized pay retention. However, if the salary may be set at the lower grade without the need for pay retention, the higher step rate will be used when the salary falls between two steps. 1.2.12. Nonforeign Cost-of-Living Allowance (COLA). When nonforeign COLA is involved, determine the nature of action (NOA) and set pay as follows. 1.2.12.1. NOA Determination:
AFI36-802/AFRCSup1 15 February 2000 11 GS to FWS. Do not add nonforeign COLA to GS pay for determination of the representative rate. Identify the action by using representative rates. FWS to GS. Do not add nonforeign COLA to GS pay. Identify the type of action after pay is set using GS pay rules. 1.2.12.2. Set pay: GS to FWS. Add nonforeign COLA to GS pay to establish rate of basic pay in FWS position. FWS to GS. Do not add nonforeign COLA to establish rate of basic pay in GS position. 1.2.13. Appointments Between Nonappropriated Fund (NAF) and Appropriated Fund (APF) Employment Systems. The DoD Employee Benefit Portability Program applies to DoD permanent civilian employees who move between Air Force and civil service employment systems within DoD without a break in service of more than three calendar days. This program applies regardless of whether the move is involuntary or voluntary. However, many provisions are applied differently depending on whether the move is involuntary or voluntary. 1.2.13.1. Movement From a NAF Position to a GS Position: 1.2.13.1.1. Involuntary Movement. Pay will be set at a rate within the grade to which moved that is not less than the employee s rate of basic pay under the NAF system immediately prior to the move. In determining the last rate of basic pay, a saved pay rate to which the employee was entitled under the NAF system will apply, as well as pay received in a NAF special rate position. Additions to pay such as night shift, environmental differential, and other premium payments are excluded from consideration as basic pay. Basic pay may not be set above the maximum of the grade to which moved, except as provided by grade and pay retention provisions. Grade and pay retention benefits apply where the involuntary move results in a reduction in grade or pay. A reduction in grade occurs when the representative rate of the position to which the employee is converted is lower than the representative rate of the position from which the employee moved. For pay banded employees, the employee s current existing rate of basic pay is the representative rate. Prior to moving an employee from NAF Pay Band V to a GS position, the NAF activity determines if an adjustment in NAF pay is necessary. Adjustments in NAF pay are effected, where necessary, to ensure that the maximum rate of pay retained in the move will not exceed the rate of pay for a GS-15, Step 10 for the position and geographical area to which moved. 1.2.13.1.2. Voluntary Movement. Pay will be set at the rate of the new grade which does not exceed the employee s highest previous rate of NAF basic pay. The highest previous rate of pay is computed according to 5 CFR 531.206. The employee s pay cannot be less than the minimum rate of the grade of the position. 1.2.13.2. Movement From NAF Crafts and Trades Position to an APF Wage Sched u le Position.
12 AFI36-802/AFRCSup1 15 February 2000 1.2.13.2.1. Involuntary Movement. Pay will be set at the employee s existing scheduled rate of pay; or, a rate which does not exceed his or her highest previous rate of NAF basic pay, whichever is the most beneficial to the employee. However, if the highest previous rate falls between two rates of the new grade, the higher rate will be paid. The highest previous rate is computed according to OPM Operating Manual - Federal Wage System NAF, S8-3e. The employee s pay cannot be less than the minimum rate of the grade of the position. Grade and pay retention benefits apply where the involuntary move resulted in a reduction in grade or pa y. G rade and pay retention benefits will be administered according to OPM Operating Manual - Federal Wage System NAF, Subchapter S9. A reduction in grade occurs when the representative rate of the position to which the employee is converted is lower than the representative rate of the position from which the employee moved. 1.2.13.2.2. Voluntary Movement. Pay will be set at the rate of the new grade which does not exceed the employee s highest previous rate of NAF basic pay. The highest previous rate of pay is computed according to OPM Operating Manual - Federal Wage System NAF, S8-3e. The employee s pay cannot be less than the minimum rate of the grade of the position. 1.2.13.3. Movement From a UA, AS, PS, or Pay Band NAF Position to an APF Wage Schedule Position. 1.2.13.3.1. Involuntary Movement. Pay is set according to paragraph 1.2.3. Grade and pay retention benefits apply where the involuntary move resulted in a reduction in grade or pay. Grade and pay retention benefits are administered according to OPM Operating Manual - Federal Wage System NAF, Subchapter S9. A reduction in grade occurs when the representative rate of the position to which the employee is converted is lower than the representative rate of the position from which the employee moved. For pay banded employees, the employee s current existing rate of basic pay is the representative rate. 1.2.13.3.2. Voluntary Movement. Pay is set according to paragraph 1.2.3. 1.3. Grade and Pay Retention: 1.3.1. Grade Retention. Grade retention applies when: An eligible employee moves to a lower-grade position through RIF or a situation that the Deputy Assistant Secretary of Defense (Civilian Personnel Policy) (DASD(CPP)) decides is comparable to a RIF. Grade retention is applicable if the employee has served for 52 consecutive weeks or more in a position or positions under a covered pay schedule at a grade or grades higher than the position in which the employee is being placed (see 5 CFR 536.103(c)(1) and (3) for additional guidance). An employee's position has been reduced in grade as a result of reclassification. Grade retention is applicable if the employee's current position has been classified for a continuous period of at least one year immediately before the position is classified at a lower grade.
AFI36-802/AFRCSup1 15 February 2000 13 An eligible employee is placed through the Priority Placement Program, without a break in service of three days or less, including those resulting from early registration, even though the employee does not have a specific RIF notice. DoD authorizes grade retention for other reasons, for example, drawdown of an installation. 1.3.1.1. Title 5 CFR 536.103(b) allows the head of an agency to offer grade retention under certain circumstances to employees who meet general eligibility requirements but do not have a specific entitlement by law or regulation. 1.3.1.2. Within DoD, grade retention applies when: An employee receives a RIF notice proposing a change to lower grade or separation and accepts a lower-grade position at the same or a nother DoD activity. If t he position accepted is not a grade lower than one which has been offered by his or her activity, grade retention will be granted. If the position accepted is at a grade lower than one which has been offered, grade retention may be granted, provided the employee meets all other eligibility requirements and management determines that placement in the position is in the government's interest. (NOTE: In the Air Force, if they do not meet the other eligibility requirements for grade retention under this provision, but would otherwise be granted grade retention, pay retention will be authorized providing the employee s existing rate of pay cannot be accommodated within the rate range of the lower grade. When the existing rate of pay falls between two steps of the lower grade, the employee is given the higher rate.) An employee in an organization undergoing realignment or reduction, who is not personally impacted by those actions, requests a CLG. He or she may be granted grade retention only if management determines that the employee's CLG will result in placement of the employee in a more suitable position and will lessen or avoid the impact of the RIF on other employees. Under other circumstances, for example, restructuring when RIF is not involved, when approved by DoD on an individual case basis. Requests must be fully documented and forwarded through the respective MAJCOM to HQ USAF/DPCE, 1040 Air Force Pentagon, Washington DC 20330-1040 for processing to DoD. 1.3.1.3. Eligible employees are entitled to a 2-year grade retention period unless terminated in accordance with the provisions of 5 CFR 536.208; for example, declining a reasonable offer. 1.3.1.4. In other circumstances not covered by this chapter, as determined by HQ USAF/DPC, resulting from personnel actions initiated by management to further the agency s mission, to the extent that the intent of applicable law and regulation is met. Requests for grade retention must be fully documented and forwarded through the respective MAJCOM to HQ USAF/DPCE, 1040 Air Force Pentagon, Washington DC 20330-1040. 1.3.2. Grade Retention for FWS Employees Who Move From a High to a Low Wage Area. In most cases, FWS employees under grade retention will continue to receive the same rate of basic pay. Under some circumstances, for example, movement from one wage area to another wage area, the employee' s rate of pay is determined by the schedule in the new wage area. In determining the employee's pay, the employee is entitled to the greater of: The basic pay held before moving;
14 AFI36-802/AFRCSup1 15 February 2000 Rate from new schedule for same step held before moving; or Lowest rate from the new wage schedule which equals or exceeds pay before moving. 1.3.2.1. Frequently the movement of a FWS employee from a high wage area to an area with a lower wage schedule will result in the employee's existing rate of pay exceeding step 5 of his or her retained grade on the new geographic (lower) wage schedule. In such cases, the employee continues to retain his or her basic pay before the movement. 1.3.2.2. FWS Within-Grade Increases Under Grade Retention. During the 2-year grade retention period, a FWS employee is entitled to WGIs in the retained grade unless the rate of basic pay, as determined under grade retention provisions, is above step 5 on the pay schedule in the new wage area. The WGI is based on the pay schedule in the new wage area. For example, if an employee s retained grade and rate of basic pay equals WG-5, step 2, and the employee becomes eligible for step 3, and step 3 is 30 cents more than step 2 on the "new schedule," then this amount would be added to the employee's retained rate of pay. 1.3.2.3. FWS Annual Adjustments Under Grade Retention. Annual adjustments are based on the "new" schedule, that is, the schedule in the different geographic area. If t he employee is in any step but step 0, he or she will be paid the rate for his or her step on the new schedule. Employees receive 100 percent of the annual adjustment during the 2-year grade retention period. Employees in step 0 receive the difference between step 5 on the previous schedule and step 5 on the new adjusted schedule. These "adjustments" are added to the employee's existing retained rate of pay. 1.3.2.4. Decrease in Wage Schedule Under Grade Retention. When pay is adjusted up, the employee is entitled to the new rate of pay for the retained grade and step. While 5 CFR does not directly address pay schedule decreases, it does state that the retained grade is to be treated as the grade of the employee's position for most purposes; therefore, the employee should be paid at the new rate, whether it results from an increase or decrease in the pay schedule. Employees on grade retention can waive their grade retention entitlement (5 U.S.C. 5362(d) (4)), however, such waiver does not result in eligibility for pay retention. An employee entitled to grade retention will receive pay retention only as a result of the expiration of the 2-year period of grade retention. 1.3.3. Pay Retention. Pay retention is provided when: The grade retention period ends. Under other circumstances when an employee's pay would otherwise be reduced. 1.3.3.1. Within DoD, pay retention will be granted when: An employee accepts a lower-grade position designated in advance as hard-to-fill under criteria similar to those used for extending special rates under 5 CFR 530.303(a) and (b). An employee is reduced in grade upon return from an overseas assignment according to the terms of a preestablished agreement. This includes employees who are released from the period of service specified in their current transportation agreement due to a management initiated action, and employees who have completed more than one year under their current agreement and who are released from the specified period of service because of compelling personal reasons of a humanitarian or c ompassionate nature, such as may involve physical or mental health or circumstances over which the employee has no control. Also included are nondisplaced overseas employees with no obligation to return who are covered by DoD 1400.20-1-M, DoD Program for Stability of Civilian Employment,
AFI36-802/AFRCSup1 15 February 2000 15 Policies, Procedures, and Programs Manual, September 1990, with Changes 1 through 3 (chapter 6, paragraph C). An Army or Air Force reserve technician has or is scheduled to lose eligibility through no fault of his or her own (that is, "status quo" employees), and he or she accepts placement in a lower grade nonreserve position. ( NOTE: In the Air Force, pay retention is not authorized when an air reserve technician (ART) accepts a voluntary CLG in lieu of separation under the high year of tenure (HYT) program.) (AFRC) Pay retention also does not apply when an ART accepts a voluntary CLG in lieu of separation under the mandatory separation date (MSD) program. Former employees, who have been receiving injury compensation, accept a job offer to a position with a lower grade than the last position held in order to return to active employment. An employee accepts a lower-grade position for nondisciplinary reasons of ill health under criteria similar to those used in meeting the responsibilities for selective placement instead of disability retirement. 1.3.3.2. Pay retention may be extended to employees when: Authorized by HQ USAF/DPC, as a result of personnel actions initiated by management to further the Air Force's mission, to the extent that the general intent of grade and pay retention are met. 1.3.3.3. Pay retention will not be extended when an employee is returning from an overseas assignment because of unacceptable performance (as defined in 5 CFR, Part 432) or personal cause (as defined in 5 CFR, Part 752). 1.3.3.4. Unless otherwise entitled to pay retention, employees selected for overseas positions are not authorized pay retention, except as provided in paragraphs 1.2.10. and 1.3.3.2. 1.3.4. Pay Retention for FWS Employees. Pay retention will not be given to a FWS employee who voluntarily requests and accepts a position in a lower wage schedule area. 1.3.4.1. When there is entitlement to pay retention, that is, at the end of the 2-year grade retention period, a FWS employee is entitled to: Lowest scheduled rate of basic pay in the employee's grade after the action is taken which equals or exceeds his or her current rate of basic pay (NOTE: When the rate of pay falls between two scheduled rates, the employee will be placed in the higher of the two rates). When there is no rate that equals or e xceeds the employee's current rate of pa y, the employee will retain either his or her current rate of basic pay or 150 percent of the maximum rate of basic pay for the employee's grade after the action is taken, whichever is less. 1.3.4.2. FWS Annual Adjustments Under Pay Retention. A FWS employee is entitled to 50 percent of the amount of each annual adjustment in the maximum rate of basic pay payable to his or her grade. Adjustment will be made prior to a comparison with the maximum step of the grade to decide whether the employee stops receiving a retained rate. 1.3.4.3. Decrease in Wage Schedule. When there is a decrease in the wage schedule, an employee entitled to retained pay will continue to receive the rate that was in effect prior to the decrease. There is no legal authority for a reduction in pay under these circumstances.
16 AFI36-802/AFRCSup1 15 February 2000 1.4. Apprentice and Shop Trainee. When employees are receiving training and instruction designed to qualify them to perform all required duties in trade and craft occupations specified in Air Force approved training programs, they are paid under a special pay plan for such programs. The special pay plan can be used only for apprentices or shop trainees. To establish a special pay plan for apprentice and shop trainees and to set pay rates see OPM Operating Manual - Federal Wage System, Subchapter 11. 1.5. Changing Pay Rates. Change pay rates only when you take a personnel action which changes an employee s: Position. Grade. Type of appointment.
AFI36-802/AFRCSup1 15 February 2000 17 Chapter 2 DUAL PAY AND DUAL EMPLOYMENT 2.1. Dual Pay and Dual Employment Responsibilities. Applicants and employees who receive a federal annuity or compensation from any other federal source than their Air Force civilian employment must inform their servicing personnel office. 2.1.1. The servicing personnel office: Explains to employees how dual pay and dual employment restrictions affect them. Notifies OPM, for civilian annuitants, and the appropriate uniformed service finance center, for military annuitants, concerning the federal civilian pay. Notifies the appropriate uniformed service finance center of approved and terminated dual compensation waivers and ensures that employees are fully informed of the current status of such waivers. Provides a copy of each SF 50, Notification of Personnel Action, to other federal agencies when employees work simultaneously for two or more agencies. 2.1.2. OPM or the finance center determines the reduction in pay for civilian annuitants or the amount of military retired or retainer pay to be withheld. 2.1.3. Employees remain financially liable even if the uniformed service finance center or the servicing personnel office fail to terminate waivers on a timely basis. 2.2. Dual Compensation Restriction Waivers. The following are conditions under which waivers of compensation restrictions for retired military and federal civilian personnel may be made: OPM may authorize such waivers under the Federal Employees Pay Comparability Act of 1990 (FEPCA) when there are: Exceptional difficulties in recruiting or retaining qualified candidates for particular positions. Emergency conditions involving an immediate and direct threat to life or property. OPM has delegated the authority to DoD for employees who accept placement in positions at an installation that is within two years of its selected closure date and for temporary positions. NOTE: See table Table A3.1. for a quick reference on waiver authority. 2.2.1. The OPM and DoD must approve these waivers: Individually. Only after deciding that a position is critical to an installation's mission. 2.2.2. Base closure waivers may not be approved under this authority for: Current DoD employees serving with reduced salary or retirement pay under the provisions of 5 U.S.C. 5532, 8344, or 8468. Current DoD employees who become eligible to retire during the year before a base closes.
18 AFI36-802/AFRCSup1 15 February 2000 Former military or civilian personnel of installations in the same commuting area who retired under an early optional retirement or di scontinued service provisions or w ho received any special bonus or incentive for separation. 2.2.3. Requests for waivers must contain: Identification of the individual requiring the waiver. Appointing authority to be used. Position to which employee will be appointed. A properly classified position description or core personnel document for the current position. A fully completed application for federal employment for the position, signed by the individual under consideration. A Civil Service Retirement System or Federal Employee Retirement System claim number, if any. The date of retirement, the type of retirement (voluntary, discontinued service, disability, and so forth), and the amount of current annuity, retired, or retainer pay. An in-depth analysis of the individual's qualifications that meet the emergency need or critical skills shortage. Certification by the individual that he or she will not accept the position if pay or retirement is reduced. Documentation of bona fide offers of non-federal employment, if any. Qualification requirements, including any selective factors or other specific requirements, that would justify the submission. If t he installation uses a vacancy announcement it should be included. 2.2.4. Processing Waiver Requests. Requests for nontemporary positions may be based on an emergency hiring need, severe difficulty in recruitment, or the need to retain a particular individual. Requests must be fully documented in accordance with the requirements of 5 CFR 553. 2.2.4.1. Send requests through the servicing MAJCOM to HQ USAF/DPCC, 1040 Air Force Pentagon, Washington DC 20330-1040, for review and forwarding to DoD and OPM. 2.2.4.2. Send requests for Senior Executive Service (SES) and Senior Level (SL and ST) through the servicing MAJCOM to AFDPS, 1040 Air Force Pentagon, Washington DC 20330-1040. 2.2.5. The DoD rarely approves waivers for individuals who have taken advantage of early retirement or separation bonus options at locations outside the commuting area.
AFI36-802/AFRCSup1 15 February 2000 19 3.1. Responsibilities: Chapter 3 OVERTIME WORK 3.1.1. Commanders. Commanders must continually ensure that overtime work occurs only pursuant to mission needs. 3.1.1.1. Review Defense Civilian Pay System (DCPS) reports: P6602R04, Overtime/Compensatory Time Review; P6602R05, Overtime/Compensatory Time Usage Report; and P6605R01, Control of Hours Report, to identify trends in excessive overtime usage. 3.1.1.2. Perform self-inspection of overtime and compensatory time usage and documentation. 3.1.2. Supervisors: Establish tours of duty which require the payment of premium pay rates (for example, night work, Sunday work, overtime, holiday and so forth) only when the mission requires this work for efficient operations. Obtain approval from their overtime authorizing official before ordering overtime (AF Form 428, Request for Overtime, Holiday Premium Pay, and Compensatory Time). EXCEPTION: In an emergency, the supervisor may order overtime without authorization but must document the overtime no later than the following workday. Consider changing tours of duty involving the assignment of overtime when the requirement conflicts with an employee's religious obligations or practices by permitting the employee to perform the overtime on another day or to excuse him or her from the assignment. EXCEP- TION: If failure to perform the overtime will prevent accomplishment of the mission, the employee is expected to perform the overtime. Release employees from overtime if the additional work would impair health or efficiency or cause extreme hardship. Schedule temporary duty (TDY) travel within an employee's regularly scheduled tour of duty to the maximum extent possible to avoid paying overtime. Compare employee travel vouchers with time and attendance reports to determine if there is an entitlement to overtime. Record approved travel-related overtime on the attendance records. Prepare and process corrected time and attendance records when required. 3.1.3. Employees: May not receive overtime pay for w ork which a supervisor did not properly authorize and approve (except employees under the Fair Labor Standards Act (FLSA) who are suffered and permitted to work overtime (5 CFR 551.401)). Provide a copy of their travel settlement voucher on which overtime is based to their supervisor. 3.2. Recording TDY Travel Requirement. When TDY outside regularly-scheduled duty hours is essential and the employee is not entitled to overtime pay, the official ordering the travel: